Home >> Media-TV >> Article

Delhi HC hands out even-handed verdict in India TV vs IBL Inc. Internet domain case

24-July-2007
Font Size   16
Delhi HC hands out even-handed verdict in India TV vs IBL Inc. Internet domain case

India TV, the news and current affairs channel, has recently won a partial victory in an Internet domain case against a US-based firm. The case was adjudicated by Justice Sanjay Kishan Kaul of the Delhi High Court. While the judgment protects the petitioner’s case that India TV is a distinctive mark, at the same time it also allowed the US-based firm to use the domain name ‘indiatvlive.com’ with a disclaimer.

In its petition, India TV had alleged that the Internet domain, indiatvlive.com, used by India Broadcast Live (IBL), was similar to its trademark. India TV had also averred that the defendants were attempting to represent themselves as the plaintiff or representative of the plaintiff. India TV had alleged that the registration of the impugned domain name by the defendants constitute infringement, passing off and dilution of the plaintiff’s trademark, besides unfair competition.

In an interim order delivered by Justice Kaul in January this year, IBL was restrained from using any domain name containing the words ‘India TV’, and also barred from transferring the rights to any other entity.

Significantly, in its judgment this month, the High Court has also restrained the defendants from proceeding against India TV in the suit it had filed in the district court in Arizona, USA. The court has also directed the US-based firm to file six-monthly statement of revenue earned from the impugned website in India.

While the HC has permitted the defendants to use the domain name, it also asked them to use a disclaimer to be placed prominently next to the logo of indiatvlive.com. The court said the disclaimer should read: “The website has no connection, affiliation or association whatsoever with India TV.”

However, the court observed that the defendants had already shifted to another domain name, indiabroadcastlive.com. “Thus, the respondents have rectified the position,” Justice Kaul said in his order, adding that in view of the aforesaid, it does not deem appropriate to proceed further with the petition.

The court observed that when the impugned domain name is typed, the person browsing is redirected to ‘indiabroadcastlive.com’, which is another domain name of the US-based firm. It also noted that a redirection notice appears which states that the website is not operational due to interim orders passed, and surfers are automatically redirected to indiabroadcastlive.com. Welcoming the High Court’s decision, IBL Inc., in a press statement, called it “a historic judgment as well as reaffirmation of people’s faith in the fair judicial process”. It also said that “the larger suit is still very much alive and will be decided in due course”.

"Further, it may be noted that as of July 23, 2007, the domain registrar has lifted the 'domain lock' and restored full operations back to IBL in compliance of the court order of July 10," the statement said.

Tags

Varun Raina, Marketing Manager, Airbnb India speaks to exchange4media about the successful #LiveThere campaign and how Bollywood helps them connect with its young consumer

Tim Castree is all praises for his team in India and trusts it to be a result of “an excellent execution of agency’s global strategy” headed by Kartik Sharma

Siddharth Dabhade says Criteo’s technology allows brands to engage with shoppers, create relevant experience on retail apps, thereby driving sales and profits

Shantanu Gangane says OTT platform Viu plans around 20+ originals and is all set to enter the Tamil market with a mix of syndicated and original content

right
left
OFF THE CUFF HAS JOURNALIST ARUN SHOURIE IN CONVERSATION WITH SHEKHAR GUPTA IN MUMBAI IAA HOSTS FIRST INDIAA REGIONAL AWARDS (TELUGU) IN HYDERABAD BREAK THE CEILING TOUCH THE SKY 2018 SEES OVERWHELMING INDUSTRY PARTICIPATION 10TH EDITION OF ABC EUREKA AWARDS IN MUMBAI CELEBRATES WORK OF PARTNER AGENCIES EMINENT JURY PICKS LOUDEST’S 100 MOST POWERFUL INDIAN MUSIC BUSINESS LEADERS MODE LOFT BY SABGROUP LAUNCHES SIGNATURE MENSWEAR POWER DRESSING CLOTHING LINE TOP MARKETERS DISCUSS ART AND SCIENCE OF EFFECTIVE LISTENING @PITCH CMO SUMMIT 2018, DELHI THIRD SEASON OF ‘INDIA’S TOP DIGITAL PLANNERS’ RECOGNIZES EXCELLENCE IN THE DIGITAL INDUSTRY WOMEN ECONOMIC FORUM 2018 SEES DISTINGUISHED GLOBAL PERSONALITIES IN ATTENDANCE PEPPER CREATIVE AWARDS 2018 RECOGNIZE THE BEST IN ADVERTISING IN SOUTH INDIA RADIO CITY’S POWER OF RADIO MEET HOSTS TOP ADVERTISING INDUSTRY LEADERS TOP INDUSTRY PERSONALITIES ATTEND ZOOM-MYNTRA EVENING TO CELEBRATE THEIR PARTNERSHIP LEADING MARKETERS, EXPERTS SHARE INSIGHTS ON DIGITAL TRANSFORMATION @ADOBE SYMPOSIUM IN MUMBAI NICKELODEON TRADE PARTY SEES MARKETING INDUSTRY LEADERS AND THEIR FAMILIES IN ATTENDANCE GOLDEN MIKES RADIO ADVERTISING AWARDS 2018 RECOGNIZE INDUSTRY’S MOST DESERVING ACHIEVERS AIMA MANAGING INDIA AWARDS HONOUR THE BEST IN THE INDUSTRY BW BUSINESSWORLD’S GREAT INDIA DEBATE BRINGS TOGETHER INTELLECTUALS ACROSS INDUSTRY SECTORS BW BUSINESSWORLD SMART CITIES CONCLAVE PATNA 2018 SEES EMINENT INDUSTRY LEADERS IN ATTENDANCE EMINENT JURY PICKS WINNERS OF GOLDEN MIKES RADIO ADVERTISING AWARDS MADDYS 2018 SEE TOP ADVERTISING AND MARKETING INDUSTRY LEADERS IN ATTENDANCE

He spent 13 years at HT; his previous stints include Whirlpool, Procter & Gamble and Godrej

The case study explains in detail the people strategy executed at GroupM to ensure its talent is digitally charged and is data-centric.

As Zee Telugu completes 13 years, Anuradha Gudur tells us about the channel’s journey